To Amend the Bureau of Insurance Act So as to Insure the Men in the Army and Navy

be entitled to such benefits, the method of making investigations and medical examinations, and the manner and form of adjudications and awards.

"SEC. 14. The bureau and its divisions shall have such deputies, assistants, actuaries, clerks, and other employees as may be from time to time provided by Congress. The bureau shall, so far as practicable, by arrangement with the. Secretary of War and the Secretary of the Navy, respectively, make use of the services of surgeons in the Army and Navy. The Secretary of the Treasury is authorized to establish an advisory board consisting of three members skilled in the practice of insurance against death or disability for the purpose of assisting the division of military and naval insurance in fixing premium rates and in the adjustment of claims for losses under the contracts of insurance provided for in Article IV and in adjusting claims for compensation under Article III; compensation for the persons so appointed to be determined by the Secretary of the Treasury but not to exceed $20 a day each while actually employed.

"SEC. 15. For the purposes of this act the director, commissioners, and deputy commissioners shall have power to issue subpoenas for and compel the attendance of witnesses within a radius of one hundred miles, to require the production of books, papers, documents, and other evidence; to administer oaths. and to examine witnesses upon any matter within the jurisdiction of the bureau. The director may obtain such information and such reports from employees of the departments of the Government of the United States and of the States as may be agreed upon by the heads of the respective departments. In case of disobedience to a subpoena the bureau may invoke the aid of any district court of the United States in requiring the attendance and testimony of witnesses and the production of documentary evidence, and such court, within the jurisdiction of which the inquiry is carried on, may, in case of contumacy or refusal to obey a subpœna issued to any corporation or other person, issue an order requiring such corporation or other person to appear before the bureau, or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof.

'SEC. 16. The director shall submit annually to the Secretary of the Treasury estimates of the appropriations necessary for the work of the bureau.

'SEC. 17. For the purpose of carrying out the provisions of this act there is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, the sum of $100,000, for the payment of all expenses incident to the work authorized under this act, including salaries of the director and commissioners and of such deputies, assistants, accountants, experts, clerks, and other employees in the District of Columbia or elsewhere as the Secretary of the Treasury may deem necessary; traveling expenses, rent, and equipment of offices, typewriters and exchange of same, purchase of law books and books of reference, printing and binding to be done at the Government Printing office, and all other necessary expenses. With the exception of the director, the commissioners and such special experts as the Secretary of the Treasury may from time to time find necessary for the conduct of the work of the bureau, all employees of the bureau shall be appointed from lists of eligibles to be supplied by the Civil Service Commission and in accordance with the civil-service law.

"SEC. 18. There is hereby appropriated from any money in the Treasury not otherwise appropriated, the sum of $141,000,000, to be known as the military and naval family-allowance appropriation, for the payment of the family allowances provided by Article II. Payments out of this appropriation shall be made upon and in accordance with awards by the commissioner of the division of military and naval insurance.

SEC. 19. There is hereby appropriated, from any money in the Treasury not otherwise appropriated, the sum of $12,150,000, to be known as the military and naval compensation appropriation for the payment of the compensation, funeral expenses, services, and supplies, provided by Article III. Payments out of this appropriation shall be made upon and in accordance with awards by the director.

"SEC. 20. There is hereby appropriated from any money in the Treasury not otherwise appropriated, the sum of $23,000,000, to be known as the military and naval insurance appropriation. All premiums that may be collected for the insurance provided by the provisions of Article IV shall be deposited and covered into the Treasury to the credit of this appropriation. Such sum, including all premium payments, is hereby permanently appropriated for the payment of the liabilities of the United States incurred under contracts of insurance made under the provisions of Article IV. Payments from this appropriation shall be made upon and in accordance with awards by the director.

"SEC. 21. There shall be set aside as a separate fund in the Treasury to be known as the military and naval pay-deposit fund all sums held out of pay as provided by section two hundred and three of this act. Such fund, including all additions, is hereby permanently appropriated for the payment of the sums so held and deposited, with interest, as provided in section two hundred and three, and the amount necessary to pay interest is hereby appropriated.

"SEC. 22. For the purpose of this act, marriage shall be conclusively presumed in the absence of proof that there is a legal spouse living, if the man and woman have lived together in the openly acknowledged relation of husband and wife during the two years immediately preceding the date of the declaration of war, or the date of enlistment or of entrance into or employment in active service in the military or naval forces of the United States if subsequent to such declaration, or during the two years immediately preceding the man's death or the beginning of the disability.

"In Articles II, III, and IV of this act unless the context otherwise requires:

"First. The term 'child' includes:

"(a) A child legally adopted more than six months before the enactment of this amendment or enlistment or entrance into or employment in active service in the military or naval forces of the United States, whichever of these dates is the later.

"(b) A step-child, if a member of the man's household.

"(c) An illegitimate child, but, as to the father, only if acknowledged by him or if he has been judicially ordered or decreed to contribute to such child's support.

"Second. The term 'grandchild' means a child as above defined of a child as above defined.

"Third. Except as used in the last sentence of subdivision (g) of section three hundred and one and in section four hundred and two the terms'child' and grandchild' are limited to unmarried persons either under eighteen years of age, or, if incapable because of mental or physical infirmity, of pursuing any substantially gainful occupation, of any age.

"Fourth. The term 'parent' includes a father, mother, grandfather, grandmother, stepfather, and stepmother, either of the man or of the spouse.

"Fifth. The terms 'brother' and 'sister' include brothers and sisters of the half blood as well as those of the whole blood, stepbrothers and stepsisters, and bothers and sisters through adoption.

Sixth. The term 'commissioned officer' includes a warrant officer, but includes only an officer in active service in the military or naval forces of the United States.

"Seventh. The terms 'man' and 'enlisted man' mean a person, whether male or female, and whether enlisted, enrolled, or drafted into active service in the military or naval forces of the United States, and include noncommissioned and petty officers.

"Eighth. The term 'enlistment' includes voluntary enlistment, draft, and enrollment in active service in the military or naval forces of the United States. "Ninth. The term 'commissioner' means the Commissioner of Military and Naval Insurance.

Tenth. The term 'injury' includes disease.

"Eleventh. The term 'pay' means the pay for service in the United States according to grade and length of service, excluding all allowances.

"Twelfth. The term 'military or naval forces' means the Army, the Navy, the Marine Corps, the Coast Guard, the Naval Reserve, the National Naval Volunteers, and any other branch of the United States service while serving pursuant to law with the Army or the Navy.

"SEC. 23. When, by the terms of this act, any payment is to be made to a person mentally incompetent or a minor such payment shall be made to some suitable person, corporation, or association as may be prescribed by regulations for the benefit of the person entitled thereto.

'SEC. 24. The Bureau of War Risk Insurance, so far as practicable, shall furnish information to and act for persons in the military or naval service with respect to any contracts of insurance whether with the Government or otherwise, as may be prescribed by regulations.

"SEC. 25. Whoever in any claim for family allowance, compensation, or insurance, or in any document required by this act or by regulation made under this act, makes any statement of a material fact knowing it to be false, shall be

guilty of perjury and shall be punished by a fine of not more than $5,000, or by imprisonment for not more than two years, or both.

"SEC. 26. If any person entitled to payment of family allowance or compensation under this act, whose right to such payment under this act ceases upon the happening of any contingency, thereafter fraudulently accepts any such payment he shall be punished by a fine of not more than $2,000, or by imprisonment for not more than one year, or both.

"ARTICLE II.

66 ALLOTMENTS AND FAMILY ALLOWANCES.

"SEC. 200. The provisions of this article shall apply to all enlisted men in the military or naval forces of the United States.

"SEC. 201. Allotment of pay shall, subject to the conditions, limitations, and exceptions hereinafter specified, be compulsory as to wife, a former wife divorced, and a child, and voluntary as to any other person; but on the written consent of the wife supported by evidence satisfactory to the bureau of her ability to support herself and the children in her custody, the allotment for her and for such children may be waived; and on the enlisted man's application, or otherwise for good cause shown, exemption from the allotment may be granted upon such conditions as may be prescribed by regulations.

"The monthly compulsory allotment shall be in an amount equal to the family allowance hereinafter specified, except that it shall not be more than one-half the pay, or less than $15; but for a wife living separate and apart under court order or written agreement or for a former wife divorced, it shall not exceed the amount specified in the court order or agreement to be paid to her.

"If there be an allotment for a wife or child, a former wife divorced shall be entitled to a compulsory allotment only out of the difference, if any, between the allotment for the wife or child, or both, and one-half of the pay.

"SEC. 202. The enlisted man may allot any proportion or proportions or any fixed amount or amounts of his monthly pay or of the proportion thereof remaining after the compulsory allotment, for such purposes and for the benefit of such person or persons as he may direct, subject, however, to such conditions and limitations as may be prescribed under regulations to be made by the Secretary of War and the Secretary of the Navy, respectively.

"SEC. 203. In case one-half of an enlisted man's monthly pay is not allotted, regulations to be made by the Secretary of War and the Secretary of the Navy, respectively, may require, under such circumstances and conditions as may be prescribed in such regulations, that any proportion of such one-half pay as is not allotted shall be deposited to his credit, to be held during such period of his service as may be prescribed. Such deposits shall bear interest at the rate of four per centum per annum, with semiannual rests and, when payable, shall be paid, principal and interest, to the enlisted man, if living, otherwise to any beneficiary or beneficiaries he may have designated, or if there be no such beneficiary, then to his next of kin.

"SEC. 204. A family allowance of not exceeding $50 per month shall be granted and paid by the United States upon written application to the bureau by such enlisted man or by or on behalf of any prospective beneficiary, in accordance with and subject to the conditions, limitations, and exceptions hereinafter specified.

"The family allowance shall be paid from the time of enlistment to death in, or one month after discharge from, the service but not for more than one month after the termination of the present war emergency. No family allowance shall be made for any period preceding the enactment of this amendment. The payment shall be subject to such regulations as may be prescribed relative to cases of desertion and imprisonment and of missing men.

'Subject to the conditions, limitations, and exceptions herein above and hereinafter specified, the family allowance payable per month shall be as follows: "Class A. In the case of a man, to his wife (including a former wife divorced), and to his child or children:

' (a) If there be a wife but no child, $15.

(b) If there be a wife and one child, $25.

(f) If there be no wife but three children, $20.

(g) If there be no wife but four children, $30, with $5 per month additional for each additional child.

Class B. In the case of a man or woman, to a grandchild, a parent, brother, or sister:

"(c) For each grandchild, brother, sister, and additional parent, $5.

"In the case of a woman, to a child or children:

"(d) If there be one child, $5.

"(e) If there be two children, $12.50.

"(f) If there be three children, $20.

"(g) If there be four children, $30, with $5 per month additional for each additional child.

SEC. 205. Family allowances for members of class A shall be paid only if and while a compulsory allotment is made to a member or members of such class. The monthly family allowance to a former wife divorced shall be payable only out of the difference, if any, between the monthly family allowance to the other members of class A and the sum of $50. For a wife living separate and apart under court order or written agreement or to a former wife divorced the monthly allowance together with the allotment, if any, shall not exceed the amount specified in the court order or agreement to be paid to her.

SEC. 206. Family allowances to members of class B shall be granted only if and while the member is dependent in whole or in part on the enlisted man, and then only if and while the enlisted man makes a monthly allotment of his pay for such member or members equal to the amount of the monthly family allowance as hereinabove specified, except that

"(a) The maximum monthly allotment so required to be made to members of class B shall be one-half of his pay.

"(b) If he is making no allotment to a member of class A, the minimum monthly allotment so required to be made to members of class B shall be $15 per month.

"(c) If he is making the compulsory allotment to a member of class A, the minimum monthly allotment so required to be made to members of class B, shall be one-seventh of his pay but not less than $5 per month.

"(d) On the enlisted man's application or otherwise for good cause shown exemption from the allotment as a condition to the allowance may be granted upon such conditions as may be prescribed by regulations.

"SEC. 207. The amount of the family allowance to members of class B shall be subject to each of the following limitations:

"(a) If an allowance is paid to one or more beneficiaries of class A the total allowance to be paid to the beneficiaries of class B shall not exceed the difference between the allowance paid to the beneficiaries of class A and the sum of $50.

"(b) The total monthly allowance to beneficiaries of class B added to the enlisted man's monthly allotment to them shall not exceed the average sum habitually contributed by him to their support monthly during the period of a year immediately preceding his enlistment or the enactment of this amendment.

'SEC. 208. As between a wife, including a former wife divorced, and the children not in her custody, and as between children, the amount of the allotment and family allowance shall be apportioned as may be prescribed by regulations.

"SEC. 209. Allotments and family allowances shall be paid to or for the beneficiaries as may be provided by regulations to be made by the Secretary of War and the Secretary of the Navy, respectively.

"SEC. 210. Upon receipt of any application for family allowance the commissioner shall make all proper investigations and shall make an award, which award shall be certified to the War Department or Navy Department, as may be proper. Whenever the commissioner shall have reason to believe that an allowance has been improperly made or that the conditions have changed, he shall investigate or reinvestigate and may modify the award. The amount of each monthly allotment and allowance shall be determined according to the conditions then existing.

"ARTICLE III.

66 COMPENSATION FOR DEATH OR DISABILITY.

"SEC. 300. For death or disability resulting from personal injury suffered or disease contracted in the course of the service by any commissioned officer or enlisted man or by any member of the Army Nurse Corps (female) or of the Navy Nurse Corps (female) when employed in the active service under the War Department or Navy Department the United States shall pay compensation as hereinafter provided.

"SEC. 301. If death results from injury:

"If the deceased leaves a widow or child, or if he leaves a widowed mother substantially dependent upon him for support, the monthly compensation shall be the following percentages of his pay:

"(a) For a widow alone, twenty-five per centum, but not less than $30. "(b) For a widow and one child, thirty-five per centum, but not less than $40. "(c) For a widow and two children, forty per centum, but not less than $50, with five per centum additional, but not less than $5, for each additional child. up to two.

"(d) If there be no widow, then for one child twenty per centum, but not less than $15.

"(e) For two children, thirty per centum, but not less than $25.

"(f) For three children, forty per centum, but not less than $35, with five per centum additional, but not less than $10, for each additional child up to two. "(g) For a widowed mother, twenty per centum, but not less than $25. The amount payable under this subdivision shall not be greater than a sum which, when added to the total amount payable to the widow and children, does not exceed fifty per centum of the pay or $60, whichever is the greater. This compensation shall be payable for the death of but one child, and no compensation for the death of a child shall be payable if such widowed mother is in receipt of compensation under the provisions of this article for the death of her husband.

"The maximum monthly compensation for death shall be $200.

If the death occurs after discharge or resignation from service the United States shall pay burial expenses not to exceed $100, as may be fixed by regulations.

"The payment of compensation to a widow or widowed mother shall continue until two years after her remarriage or until her death.

The payment of compensation to or for a child shall continue until such child reaches the age of eighteen years or marries, or if such child be incapable, because of mental or physical infirmity, of pursuing any substantially gainful occupation, then until marriage or death or until such incapacity ceases.

"Whenever the compensation payable to or for the benefit of any person under the provisions of this section is terminated by the happening of the contingency upon which it is limited, the compensation thereafter for the remaining beneficiary or beneficiaries, if any, shall be the amount which would have been payable to them if they had been the sole original beneficiaries.

"As between the widow and the children not in her custody, and as between children, the amount of the compensation shall be apportioned as may be prescribed by regulations.

SEC. 302. If disability results from the injury:

"First. If and while the disability is total so as to make it impracticable for the injured person to pursue any gainful occupation the monthly compensation shall be the following percentages of his pay:

"(a) If he has neither wife nor child living, forty per centum, but not less than $40.

"(b) If he has a wife but no child living, fifty per centum, but not less than $55.

"(c) If he has a wife and one child living, fifty-five per centum, but not less than $65.

"(d) If he has a wife and two or more children living, sixty per centum, but not less than $75.

"(c) If he has no wife but one child living, fifty per centum, but not less than $50, with five per centum additional, but not less than $10, for each additional child up to two.

"(f) If he has a widowed mother substantially dependent on him for support then, in addition to the above, ten per centum, but not less than $10.

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To Amend the Bureau of Insurance Act So as to Insure the Men in the Army and ...